Legal Question in Family Law in Texas
wills and community property
Can a spouse give away his portion of community property to a non relative in his will?
Would that beneficiary have ownership of that property instead of the surviving spouse?
Asked on 4/12/07, 9:03 pm
1 Answer from Attorneys
James Grissom
Law Office of James P. Grissom
Re: wills and community property
A spouse can will his/her community property share to anyone. That person would own 1/2 of the property subject to the other community property share of the surviving spouse. If it's the homestead, the surviving spouse could live there as long as he/she lives. If it's personal property, the beneficiary could request a partition and sale of the property. But that would be up to the judge. The property could be sold depending upon what kind of property it is.
Answered on 4/12/07, 11:30 pm
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